Prabakaran v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.7869 of 2017 and W.M.P.(MD).No.6094 of 2017 Prabakaran

...Petitioner

Vs.

1.The Secretary to Government, State of Tamil Nadu, School Education Department, Secretariat, Fort St.George, Chennai-9 2.The Director of School Education, DPI Campus, Chennai- 6.

3.The Chief Educational Officer, Thanjavur District, Thanjavur.

...Respondents

PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to appoint petitioner as Lab Assistant in the recruitment published by the 3rd respondent in his proceedings in Na.Ka.No.2232.A1/2015/dated 22.04.2015 by considering petitioner's representation dated 13.04.2017 before issuing appointment orders and joining of selected candidates.

For Petitioner : Mr.T.A.Ebenezer For Respondent : Mr. C.Selvaraj Special Government Pleader

O R D E R

This Writ petition has been filed by the petitioner, directing the respondents to appoint petitioner as Lab Assistant in the recruitment published by the 3rd respondent in his proceedings in Na.Ka.No.2232.A1/2015/dated 22.04.2015 by

considering petitioner's representation dated 13.04.2017 before issuing appointment orders and joining of selected candidates.

2. Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

3. Mr. C.Selvaraj, learned Special Government Pleader takes notice for the respondent. By consent, the Writ petition itself is taken up for final disposal.

4. Though the writ petition is for issuing a positive direction, learned Counsel for the petitioner submits that the petitioner will be satisfied if a direction is issued to the respondents to consider his representation dated 13.04.2017 on merits within the time stipulated by this Court.

5. Having regard to the limited scope of the prayer sought before this Court by the learned Counsel for the petitioner without expressing any opinion on the merits of the petitioner's case, this Court is inclined to issue the following direction:- "The respondents are directed to consider the petitioner's representation dated, 13.04.2017, and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order."

5. Accordingly, the Writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(C) /True copy/ Sub Assistant Registrar To 1.The Secretary to Government, State of Tamil Nadu, School Education Department, Secretariat, Fort St.George, Chennai-9 2.The Director of School Education, DPI Campus, Chennai- 6.

3.The Chief Educational Officer, Thanjavur District, Thanjavur.

+1 cc to Mr.T.A.Ebenezer , Advocate in SR.No. 54405 +1 cc to Special Government Pleader in SR.No:54712 TA/SM AE/RSK/09.05.2017/3P/6C ORDER MADE IN W.P.(MD).No.7869 of 2017 26.04.2017